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From our Articles
Freedom of contract as a guiding principle of the Data Act

VDMA replied on 3 September 2021 to the EU-Commission's consultation on the Data Act. VDMA is critical of some elements in the B2B area, such as a fairness test and access rights.

VDMA sees need for improvement

The EU is the first region in the world to plan a law on artificial intelligence. From the VDMA's point of view, it is good that the EU Commission is avoiding a sweeping blow. However, the proposal for the AI law goes too far in many places.

Supply chain due diligence act promulgated

The Supply Chain Sourcing Obligations Act (LkSG), passed in the Bundestag on 11 June 2021, was promulgated in the Federal Law Gazette on 22 July 2021.

Associations call for more legal certainty

The VDMA and other associations are urging the German government and the European Commission to quickly ensure legal certainty and find long-term political solutions.

Industry 4.0 - Contract design is necessary

The digital age also requires the automation of business transactions. This requires pre-formulated contractual terms. German AGB law stands in the way of this.

Current developments in labour market policy and labour law

With the year 2021 coming to an end, there have once again been some legal changes for the mechanical and plant engineering industry in the areas of labor market policy and labor law.

EU-Commission publishes work programme 2022

The EU-Commission presented on 19 October 2021 its plans for next year with its work programme for 2022. Much of it builds on existing initiatives, but there are also new proposals.

Cartel damages also against subsidiaries

The ECJ has ruled that, in principle, subsidiaries can also be the addressee of actions for damages in cartel proceedings.

Ltd. with administrative seat in Germany not capable of being a party to a lawsuit

In an antitrust dispute, the Munich Higher Regional Court has denied a British limited company with its administrative seat in Germany legal capacity and thus also party capacity.

LfDI puts help on data protection information online

LfDI Baden-Würtemberg puts help for the creation of data protection information for SMEs online

Bundeskartellamt: New guidelines on the calculation of fines

The Bundeskartellamt has published new guidelines on the assessment of fines in cartel proceedings and a leaflet on the leniency programme. The background to this are necessary adjustments to the 10th GWB amendment.

No right to mobile working from abroad

Due to the numerous legal risks and questions involved, employees are generally not entitled to approval for mobile work abroad.

New guide "Remote commissioning" now available

As already announced in the previous newsletter, the guide "Remote Commissioning" is now available for download from the VDMA publishing house.

Brazil - VDMA proposes bilateral exchange on fitters' visas

At the 48th German-Brazilian Economic Commission on 19 October 2021, the VDMA was able to present the concerns of the mechanical engineering industry.

Helpful market information from the GTAI

The German government is conducting a survey to analyse the impact of subsidies and the foreign trade promotion they make possible, as well as the prospects for further development.

No wage entitlement in the event of a lockdown

Persons with a mini-job are not entitled to continued payment of wages in the event of official plant closures due to the pandemic

Evidential value of a certificate of incapacity for work

Many employers ask themselves: Is the certificate of incapacity for work inviolable or can it be called into question in individual cases? The BAG provides some clarity.

Further funds for the energetic refurbishment of buildings

Against the background of the Federal Climate Protection Act, the funds in the "Federal Support for Efficient Buildings (BEG)" will be increased.

Works Constitution Act: New publications available

Works Constitution Act: New publications available

Quarantine: No compensation for the unvaccinated

Several federal states already make the granting of compensation dependent on the vaccination status of the employee. Now a uniform practice of the authorities has been agreed upon.

"Back to Office" by instruction

Employers can bring their employees back to the office from the home office by directives.

First amendment to the SARS-CoV-2 occupational health and safety regulation

On 09 September 2021, the 1st Amendment to the SARS-CoV-2 Occupational Health and Safety Regulation was published in the Joint Ministerial Gazette and automatically came into force on the following day.

European unitary patent about to start

The German government finally ratified the Protocol on Provisional Application to the Agreement on a Unified Patent Court (UPC) at the end of September 2021.

Implementation of the supply chain due diligence act

The BMAS has published an overview of the support services for companies in the implementation of the Supply Chain Due Diligence Act.

Rhineland-Palatinate introduces sub-threshold award regulations (UVgO)

The UVgO, which has already been introduced in the federal government and most of the federal states, now also replaces the VOL/A-1st section in Rhineland-Palatinate in sub-threshold procurement law.

UKCA mandatory labelling in the UK: Additional technical requirements for products are not expected for the time being

Interview with Dr. Frank Wohnsland, VDMA Process Engineering Department

Work assignments in Norway - Is it really that complicated?

German machinery is in demand in Norway. Not surprisingly, Germany is the most important importer of machinery. But which notifications are required before employees can travel to Norway?

Kenya - Entry only with negative PCR test

There is no quarantine for travellers from Germany.

The plans of Ms von der Leyen for 2022

Commission President von der Leyen set out her vision for the coming year 2022 in her State of the Union address to the European Parliament on 15 September 2021.

Legal guide for remote commissioning

Remote commissioning has gained in importance in mechanical and plant engineering due to the pandemic - also in NRW. The VDMA is developing a guide for this commissioning.

Advertisers: Warning against misleading phone calls

Again and again VDMA members are the target of dubious providers of various services: Warning against misleading telephone calls by advertising providers

Entry to UK from 1 October 2021 with passport only

Entry from the EU to the United Kingdom (UK) will require a passport for almost all travellers from 1 October 2021, with a few exceptions.

US entry restrictions to be dropped

The US government is planning to lift entry restrictions in the USA for travellers from Schengen countries. The VDMA has been calling for this measure for some time and has repeatedly pressed for it in political talks. It is good that there is now movement in the matter.

Innovations in Swiss Arbitration Law

New "Swiss Rules" entered into force on 01 June 2021. SCAI restructured and renamed Swiss Arbitration Centre.

USA Today and Tomorrow - What you need to know for your US business

The USA is and will remain one of the most important trading partners for German plant and mechanical engineering. There are many facets to doing business successfully in the US.

BEEG: New regulations as of 01 September 2021

On 01 September 2021, the Second Act Amending the Federal Parental Allowance and Parental Leave Act (BEEG) came into force.

Quarantine: vaccination as a condition of compensation

Several states want to make the award of compensation during a quarantine conditional on the worker's vaccination status.

New document coding for ATLAS export

Due to the new Dual-Use Regulation, there are new document codes for the export of goods subject to authorisation.

Webinar on 21 September 2021

External staff compliance 2.0 - legally secure external staff deployment in projects

Transparent legal register: more security, less frustration

In order to avoid legal violations and health hazards, companies must keep track of numerous legal requirements and standards. But that is not all!

Minister Spahn acts contradictory and indecisive

Only in a few sectors will there be an obligation for employees to inform their employers about their vaccination status. However, as long as there is no obligation to provide information, companies will be deprived of an important prerequisite for effectively reducing the risk of infection in the workplace.

All you need to know about Sustainability at a glance

With the interactive PDF poster "Sustainability Overview", the VDMA aims to provide an overview of the now very complex topic of Sustainability with the corresponding legal requirements for initial, operational implementation.

An extension of the EU taxonomy is counterproductive and goes too far

Regarding the considerations of the EU Commission to extend the scope of the EU taxonomy, VDMA Managing Director Thilo Brodtmann says: "The taxonomy should create incentives to invest in sustainable technologies and not stigmatize certain technologies as harmful."

Corona: Amendment of the SARS-CoV-2 occupational health and safety regulation passed.

At its meeting on 01/09/2021, the Federal Cabinet approved the amendment of the SARS-CoV-2 Occupational Health and Safety Ordinance.

New Hessian Public Procurement and Tariff Compliance Act

The amendment of the Hessian Public Procurement and Tariff Compliance Act (HVTG) will bring about significant improvements in the awarding of public contracts in Hesse.

New guidelines for dealing with security vulnerabilities in China

On September 1, 2021, the Data Security Law and the new requirements for dealing with vulnerabilities in networked products came into force in China. VDMA has already prepared a policy briefing on the Data Security Law. Together with the company Sinolytics, the VDMA is now also offering a policy briefing exclusively for VDMA members on the requirements for dealing with vulnerabilities.

VDMA Podcast: Good indoor air quality is always important

Optimum and virus-free indoor air quality has been the subject of public discussion since the Corona pandemic. At the workplace in the office or on the shop floor, optimum air exchange is essential for people. In the podcast we discuss which technologies and devices are in use for a good indoor air climate.

Good indoor air quality is always important

Optimal and virus-free indoor air quality has been in the public discussion since the Corona pandemic. In the latest episode of the VDMA podcast, we discuss the technologies and devices that are out there in the field for good indoor air climate.

Also thinking about mandatory testing for employees!

Employers and employees must do everything to reduce the risk of infection in companies to zero. This includes at least an obligation to inform employees whether they have been vaccinated or not.

Amendment to the StVZO

Now only one pair of "front flashers" allowed on firefighting vehicles - Grandfathering applies to firefighting vehicles that were placed on the market before July 3, 2021.

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Labor law
Whether it be short-time work, service contracts, working shifts or home office, the parameters for modern work and flexible crisis measures are changing continuously.
Labor Market
Competitiveness, growth and job security require adaptability, value creation based on the division of labour and a flexible labour market. Digitalisation requires modern framework conditions for Work 4.0.
Brexit
The transitional arrangement between the EU and the UK expired at the end of December 2020. There will certainly be changes concerning trade with the UK. What do mechanical and plant engineering companies need to anticipate?
Covid-19 Legal Consequences
The Covid 19 pandemic presents an exceptional situation for companies and employees as well as for suppliers and customers. Many legal questions still need to be answered, e.g. regarding the areas of labor law, contract law, and tax law. In addition, there are numerous legal requirements for travel activities and various quarantine regulations.
Corona virus
The VDMA is closely monitoring the developments surrounding the Corona virus. Specific information on legal and insurance issues is available for VDMA members.
Plant Engineering
Mechanical and plant engineering companies from all over Europe are involved in the VDMA. Mechanical engineering is a familiar term to many, but what characterizes plant engineering?

To the point

To the point

Auf den Punkt Zitat Legal

"The Supply Chain Act is a political fiasco."

Thilo Brodtmann, VDMA Executive Director

Auf den Punkt Zahl Legal

4,1

per cent decline in employment

in mechanical and plant engineering in Germany at the end of 2020.

Source: VDMA

Auf den Punkt Zusammenfassung Recht

Summary
Bundestag passes the Supply Chain
  • Legislature expressly clarifies that no additional civil liability risk will be created by this Act.
  • Otherwise, no implementation in line with SMEs; SMEs remain heavily burdened by law.
  • VDMA will actively represent the interests of its member companies in the European legislative process.

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Europe and China

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Other VDMA Services
Your contact persons in the Legal Department
for legal issues in mechanical engineering - exclusively for our member companies

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Our publications
Guides, leaflets, and more for our members: The "focus Recht" series and other publications from the Legal department address members' legal queries clearly and comprehensibly.

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Newsletter Legal Department
The monthly legal update for the mechanical engineering industry - exclusively for member companies
Events
The Legal Department offers seminars and events for member companies covering current topics and legal queries, some of which are held in cooperation with the German Mechanical Engineering Institute (MBI).
VDMA Compliance Program
The VDMA promotes free and fair competition. In order to guarantee genuine and undistorted competition and legal security for members in their day-to-day association work, the VDMA is committed to a comprehensive compliance program.
Sample Contract/General Terms and Conditions
We provide sample contracts specific to the mechanical engineering sector as well as general terms and conditions for Germany and abroad - to ensure the legal protection of your business transactions.
Consulting, Information, Lectures
The legal department at the VDMA consists of a team of lawyers specializing in the capital goods industry. Here you will receive individualized legal input - competently, quickly and at no additional cost, tailor-made for the mechanical engineering sector.
Working Groups of the Legal Department
In our working groups, we share current information and enable specialist discussions. Topics covered by the working groups include plant construction law, labor law, compliance management and industrial property protection.

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Annual Report of the Legal Department
The current annual report of the Legal Department for 2020 has been published. Member companies can download it here.

Ausschüsse

[Ausschüsse]
Legal Committee
Ausschuss Öffentliches Auftragswesen
The Public Procurement Committee deals with fundamental issues of national and European public procurement law as well as the contract terms and conditions of public contracting authorities. This involves, among other things, the preparation of statements or participation in the amendments to the contracting regulations VOB and VOL. The VDMA positions are submitted to the public procurement committees and the federal ministries in charge. The committee meets twice a year.

Vorsitzender

Markus Janse

OSMA - Aufzüge

Geschäftsführung

Hess, Christian Dr. iur.

Legal Committee
Rechtsausschuss
The VDMA Legal Committee is the traditional central body of the VDMA Legal Department, currently consisting of about 65 heads of legal departments of member companies. In the VDMA Legal Committee, legal topics relevant to mechanical engineering are discussed in a dedicated exchange, legal problems are identified and VDMA positions are co-drafted. The committee, which meets once a year, deals with ongoing topics (reform of the General Terms and Conditions) as well as current legal issues (digitalization, etc.) and offers members space for the important exchange of experience.

Vorsitzender

Jörg Kondring

Voith GmbH & Co. KGaA

Legal Committee
Ausschuss Vertragsrecht
The Contract Law Committee is a body of commercial lawyers from VDMA member companies that meets twice a year and deals with current problems of contract law in Germany and abroad. Among other things, this grouping oversees the VDMA terms and conditions in cooperation with the VDMA legal department.

Vorsitzender

Ulrich Kugler

ANDRITZ HYDRO GmbH

Geschäftsführung

Janssen, Stefan Dr.

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Around 3,300 primarily medium-sized member companies in the capital goods industry make the VDMA the largest industrial association in Europe and the most important network organization in the industry.

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The VDMA is the most important voice of the mechanical and plant engineering industry. It represents the common economic, technical and scientific interests of the industry in Germany and around the world.

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More than 500 VDMA employees worldwide support you with practical services to make the right decisions in your company - along the entire value chain.